20030518 Ver 1_COMPLETE FILE_20030430

8286977333 WILLIAM LAPSLEY 979 P@1 JUN 11 '03 14:56
WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
Consulting Engineers & Land Planners
I Town Square
Suite 334
Arden, NC 28803
Phone [phone] Fax [phone]
www.wgla.com
FACRAMIE TRANSMITTAL SHEET
TO: FROM:
Todd St. John Wllllam C. LapsWy, PE
COMPANY: DATE:
401 Wetlands CeMficatlon Unit MARCH 26, 2003
NC Division of WaW Quality
FAX NUMBER: TOTAL NO, OF PAGES INCLUD:NC COVER:
919-733-6893
PHONENUZ0ER: WGLAPROIECT NUMBER:
RE BILTMORE FARMS, INC. YOUR REFERENCE NUMBER:
Buncombe County
? URGENT ? FOR REVIEW ? PLEASE COMMENT 11 PLEASE REPLY ? PLEASE RECYCLE
NOTES/COMMENTS:
Todd: Attached are two letters responding to a recent letter from Forrest Westall in
Asheville and John Dorney. If you have any questions or concerns feel free to call me.
BILL
FILE COPY
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IV YOU ARE NOT THE INTENDED RECIPIENT OR THE PERSON RESPONSIBLE POR DELIVERY TO THE INTENDED
RECIPIU'NT, YOU ARE ADVISED THAT ANY DISSEMINATION, 016TRI13UTION OR COPYING OF THIS MESSAGE 1S
PROH115ITUD. IF YOU HAVE RECEIVED THIS MESSAGF. IN ERROR,YOU ARE REQUESTED TO PLEASE, NOTIFY THE
SENDER BY TELEPHONE COLLECT AND TO RE'T'URN THE ORIGINAL MESSAGE TO THR SENDER BY U.S. MAIL.
8286977333 WILLIAM LAPSLEY
r
W
979 P02 JUN 11 '03 14:56
William G. Lapsley & Associates, P.A.
Consulting Civil Engineers and Land Planners
June 10, 2003
Mr. Todd St. John
401 Wetlands Certification Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
RE: Town Center East - Phase 3
Eiltmore Park
Asheville, North Carolina
Dear Mr. St. John:
We are receipt of a letter dated May 21, 2003 from John R. Dorney
requesting additional information concerning the application for 401 Water
Quality Certification on the above referenced project.
William G. Lapsley. RE
W1Alam P Bute, P.E.
G. Thomas Jonaa III, P.E.
Wm. James Jones, P.E.
After careful consideration the applicant, lijltnQre Farms, Inc., has-decj0ed. ;'t
thatt_ it: wff withdraw the applic WorOMm cons- ideratidi The existing 95 feet of
storm drain pipe will be removed and the "stream" restored to it's original
condition with proper streambank stabilization. We will coordinate this work with
the local DWQ office in Asheville.
If you have additional questions or concerns please feel free to contact our
office.
William G.
Cc:
Biltmore Farms, Ind -/
Asheville Corps of Engineers
Mike Parker, DWQ Asheville

? P.O. Box $46, 1635 Asheville Highway. Hendersonville, NC 28793 Website: www,w tcom Ph: 828-697.7334 Facsimile: 828.697-7333
? One Town Square Boulevard, Suite 334, Blltmore Park, Asheville, NC 28803 Website. www,w?IS.,sQm Ph: 828-687.7177 Facsimile: 828.687-7178
8286977333 WILLIAM LAPSLEY 979 P83 JUN 11 '83 14:56
W
William G. Lapsley & Associates, P.A.
Consulting Civil Engineers and Lard Planners
WIIIIwn G. I.Wiley, PA
William IL Buie; RE
G. Thomas James 111, P.E.
Wm. James Jones, P.E.
June 10, 2003
Mr. Forrest R. Westall
Asheville Regional Office
NC Division of Water Quality
59 Woodfiin Place
Asheville, North Carolina 28801
Re: Town Center East, Phase 3, Biltmore Park
Asheville, Buncombe County, NC
Dear Mr. Westall:
We are in receipt of a letter dated June 5, 2003, regarding a 401 Water Quality
Certification for the installation of 951f of storm drain pipe on the above referenced
project.
After careful consideration of the concerns that were raised in your letter, the
applicant, Biltmore Farms, Inc., has decided to take the following course of action.
1. The existing 951f of pipe will be removed form jurisdictional areas and the
streambanks reestablished so that they match existing contours on either side of
the bank. Matting and/or plantings will be installed on the banks of the stream to
prevent erosion and assist in stabilizing the bank. The disturbed area will also be
reseeded with native grasses.
2. The application for a Corps of Engineer's perra.it and Division of Water Quality
Certification will be withdrawn.
3. Biltmore Farms, Inc. will be deeding approximately 2.75 acres of its land
downstream of the existing White Ashe Drive culvert crossing for green space to
the Biltmore Park Homeowner's Association. This deed will contain the
notification language as stated in the DWQ "Deed Notification Example" for the
protection of approximately 1200 LF of existing stream.
4. There are two (2) lot owner's upstream of White Ash Drive that have stabilized
the intermittent stream on their property from further erosion and degradation.
Biltmore Farm's, Inc. believe that the current condition is much improved over
.
that which existed previously and that no further work is necessary in this area.
0 P.O. Box 546 1635 Asheville Highway. HendersorwiNe NC 28793 WebsiOe: .w.yAtuoo Ph: 828-697.7334 Facsimile: 828.697.7333
0 One Town Square Bouleev d. Suitt 334, 8iluw re Park, At401le; NC 28803 Webslte: www.wgla.com Ph: 828.687-7177 Fwstmlle: 828.687.7178
G206977333 WILLIAM LAPSLEY
979 P04 JUH 11 '03 14:57
Mr. Forrest R. Westall
June 10, 2003
Page 2
If you have any questions or concerns about this action please let us know at your
earliest convenience.
WGL/jg
cc: Biltmore Farm's, Inc.
Asheville Corps of Engineers
M_-23-2003 13:42 FROM: TD:WETLANDS P:2%3

June 10, 2003
William G. Lapsley & Associates, P.A.
Consulting Civil Engineers and Land Planners
Mr, Forrest R. Westall
Asheville Regional Office
NC Division of Water. Quality,
59 Woodfin Place
Asheville, North Carolina 28$01
Re: 'own Center East, Phase 3,.Biltmorc Park
Asheville, $uncombe County, NC
Dear Mr. Westall;
William G, Upsley, P.P.
W101am K Buie. RE..
G. Thomas Jones ill, RE
wm. Jamet Jonas, P.E.
We arc in receipt of a letter dated June 5, 2003, regarding a 401 Water Quality
Certification for the installation of 951fof storm drain pipe on the above referenced
project.
After careful consideration of the concerns that were raised in your letter, the
applicant, Biltmora Farms, Inc., has decided to take the following course of action:
1. The existing 95, if of pipe will be removcd form jurisdictional areas and the .
streambanks reog'tablished so that they snatch existing contour:; on either side of
the bank. Matting and/or plantings will be installed on the banks of the stream to
prevent erosion. and assist in stabilizing the bank, The disturbed area will also be
reseeded with native grasses.
2. The application for a Corps of Engineer's permit and Division of. Water Quality
Certification will be withdrawrl..
3. Biltxnore Farms, Inc. will be deeding approximately 2.75 acres of its land -
downstream of the. existing White Ashe Drive culvertcrossing for green space to
the Biltmore Park Homeowner's Association. This deed will contain the
notification language as stated in the DWQ "Deed Notification Example" for the
protection of approximately 1200 LF of existing stream.
4. There are two (2) lot owner's upstream of White Ash Drive that have stabilized
? ntermittent stream on their property from-further erosion and degradation..
Biltmorc Farm's, Inc. believe that the current condition is much improved over
that which existed previously and that no further work is necessary in this area,
? PA Box 546, 1635 Asheville Highway. Hdnderaoimlle, NC 28793 Websk/Y y yv:w wgla corn Ph: 828.697.7334 Facsimile: 828-697-7333
U one Town Square Boulevard, Suit* 334, ailtnx". Park, kheAlle; NC 28803 Webslte: www,wgl.a.com Ph: 829,687,7117 faitsimlle: 838.6877178
ARO Tracking and Tardy Notice, 7/23/03
Subject: Re: ARO Tracking and Tardy Notice, 7/23/03
Date: Wed, 23 Jul 2003 14:33:03 -0400
From: Mike Parker <[e-mail]>
Organization: NC DENR - Asheville Regional Office
To: Cyndi Karoly <[e-mail]>
CC: Kevin Barnett <[e-mail]>
Cyndi, all of the DOT projects are mine. Three of the four are drafted and
waiting on corrections to be made by the secretary. The projects for Iredell
will be drafted and sent to Cynthia to get signed since Rex does not yet have
signature authority.
' W,,Zast Town?Center project (Biltmore-Park) was withdrawn. We have a copy of?
thi 'litter we will send you.
Call me if you have questions. Mike
Cyndi Karoly wrote:
> Hi Mike and Kevin
> Below is this week's 401 Tracking Notice for the Asheville Regional
> Office. The Central Office has not received your recommendations for
> these projects as of July 23, 2003. If you have not received any
> application, please let me know and I will fax it to you. Please take
> note of the date received in the Central Office and the 60-day clock
> projection. if we do not have your comments by two weeks before the
> clock expires, we may have to prepare the 401 without incorporating your
> comments, in order to avoid waiving the 401. Two weeks from today, the
> application will be forwarded to the appropriate Central Office staff
> member (Dave Penrose) if we do not have Regional Office comments by
> then. The CO staff will then consult you if time allows and make a
> recommendation on the 401 to John Dorney.
> TRACKING:
> 401 Applications:
> DWQ No. Project County Permit Type Received Expires
> 03-0742 NCDOT, SR 1796, McDowell Co., NW14 6118103 8/17/03
> 03-0782 NCDOT, SR 2158, Iredell Co., NW14 6124103 8123103 ???***
> 03-0781 NCDOT, SR 1600, Iredell Co., NW14 6124103 8123103 ???***
> 03-0779 NCDOT, SR 1733, Rutherford Co., NW14 6124103 8123103
> ???***Both of these projects were sent to you in Asheville by NCDOT,
> despite Iredell County being in the Mooresville RO's area. Was there
> some kind of agreement with DOT wherein ARO is supposed to get some
> counties outside your normal jurisdiction? Please advise - I'll be
> happy to fax these to MRO if necessary.
> Please use the staff recommendation sheet in Filemaker Pro, and then
> notify me that the report has been filed. My e-mail address is
> [e-mail] or you can call me at 919-733-9721.
> There is one tardy project for ARO this week. I have passed this file
> along to Dave Penrose.
> Thanks very much for your attention.
> ------------------------------------------------------------------------
> Name: Tardy Projects.doc
> Tardy Projects.doc Type: Winword File (application/msword)
1 of 2 7/23/03 2:43 PM
Triage Check List FILE COPY
Date:
G - / 7- 03
Project Name: Twn ('en-kr £asf - }abase 3, Rikmore Ark
DWQ#: 03 Orl R*
County: ,Buncombe
To: 0 ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From: Amard cL Mu -f f e/ Telephone : (919)
-7 33-1-78G
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
0 OfAer-: See Comwwn4s OP-10w
Comments: ldti

• -1 1

April 23, 2003
r, .
William G. Lapsley & Associates, P.A.
Consulting Civil Engineers and Land Planners
Mr. David Baker
U.S. Army Corps of Engineers
151 Patton Avenue
Asheville, NC 28801
Re: Town Center East - Phase 3
Biltmore Park
Dar Mr. Baker:
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
Wm. James Jones, P.E.
?QN
Enclosed for your review and approval please find an application for approval to
install 95 if of culvert in a stream located in the Biltmore Park residential development.
This installation was necessary to connect a proposed street (alley width) to an
existing roadway under City of Asheville design standards. The attached site
development plan shows the proposed installation.
If you have any questions, please feel free to contact our office.
WGL/jg
Cc: Robert Sulaski, Biltmore Farms, Inc.
Owen Anderson
John Dorney, 401 Water Quality
FILE COPY
? P.O. Box 546, 1635 Asheville Highway, Hendersonville, NC 28793 Website: www.wgla,com Ph: 828-697-7334 Facsimile: 828-697-7333
? One Town Square Boulevard, Suite 334, Biltmore Park, Asheville, NC 28803 Website: www_.wgla com Ph: 828-687-7177 Facsimile: 828-687-7178
nmwm
Office Use Only: Form Version February 2002
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. C eck all of the approval(s) requested for this project:
Section 404 Permit
Section 10 Permit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address:
n . ok 5355

Telephone Number: 1629 -'ZOR - 20 (4 Fax Number: 02$ - 2 - 2(50
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: ILIA M . LF??SLE??
Company Affiliation: ILURK Et . L-R"T6LE 'S50C( CS .
Mailing Address: D., toy,
Telephone Number: 28 -(tea " i -13 Fax Number: 82B-09-7-1355
E-mail Address: WJ CZDAeu P UYi i3 . Cow
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placeddoon-hold until decipherable maps
--areepprovided.
1. Name of project: 1 ??0 c - K?? 3 ?I?' WgE" 'Ve_
2. T.I.P. Project Number or State Project Number (NCDOT Only): V? A
Property Identification Number (Tax PIN):
t9b4ro -03_21-8311
4. Location - -- _
County: rou w? M5E Nearest Town: 1?? ?.
Subdivision name (include phase/lot number): 1r[ORE AoL
Directions to site (include road numbers, landmarks, etc. :
':?F-Z(o" D Wl S4 0fi 5 '7-0 A6, - Ep o 5LV5WC VWW LEF
°Tn b9 ceKCOO EE'1' ow, r-16`t'o HOLM' ?U?
5. Site coordinates, if available (UTM or Lat/Long): VJ 1:35 c 29.121 W gL 35.P-4'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site.at the time of this application:
7. Property size (acres): ± V3 ACS
8. Nearest body of water (stream/river/sound/ocean/lake): ?UC &4-E-5i
9. River Basin: -- OaR --EP-C A?,
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htta://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: ral6mo OT ?DPISUJAY
IV.
V.
VI.
11. List the type of equipment to be used to construct the project: SAM OI?
12. Describe the land use in the vicinity of this project
-9-:6 6bF-M1 'u tU o1J
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a brief written description o£the proposed imbacts:73 l-T?%M v1 P? 9 5 Lr-
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hvwiv.fema. go_v.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

U V?tY
T
1J1?'Y"o
?8 - 24-4
EA11J 1A L
R

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w-vw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: CP5
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
t \ Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
N Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr. state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): I-A
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX.
X.
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes [:] No EJ
Is this an after-the-fact permit application?
Yes [:] No
NW. Other Circumstances (Optional): ,
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Page 12 of 12
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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249.7?5?
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,? ? 1III111III I111I{?IiI1III 111111
I? t
OF W ATFR Michael F. Easley, Governor
\0 Q? William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> r-t Alan Klimek, P.E., Director Division of Water Quality
May 21, 2003
DWQ # 03-0518
Buncombe County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Biltmore Farms
Post Office Box 5355
Asheville, NC 28813
Dear Sirs:
On April 25, 2003 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of road crossing and residential
construction in Buncombe County. Approval from DWQ is required to disturb these areas. Please
provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please
show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your
projects' compliance with 15A NCAC 2H.0500.
1. Please clearly show all stream impacts including fill slopes, dissipaters, and bank
stabilization on the site plan.
2. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as
overlays on the site plan.
3. Please provide the location of the proposed stormwater management practices as required by
GC 3404.
Please telephone Todd St. John at 919-733-9584 if you have any questions or would require
copies of our rules or procedural materials. This project will remain on hold as incomplete in
accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when
this information is received. If we do not hear from you by writing or by fax at [phone] within
three (3) weeks we will assume you no longer want to pursue the project and will consider it
withdrawn.
Sincerely,
vl?A
John R. Dorney
401 Water Quality Certification Program
JRD/bs
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
William G. Lapsley & Associates, Post Office Box 546, Hendersonville 28793
N. C. Division of Water
Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Date: 5- 2 - °5
Triage Check List
_?D I ? tot 0 ee
Project Name: ) ?v3v, 1. e vt,4(- Q,34-- 4use j
DWQ#: c ?S)
County:
To
??ARO Mike Parker ? WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From: _ ?? ( ?, ?...} ???? s?. -Telephone : (919)7,2 I?9
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
eam length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
CI(Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
CE Tr eck drawings for accuracy
? Is the application consistent with pre-application meetings?
cumulative impact concern
Comments:
le
d
William G. Lapsley & Associates, P.A.
Consulting Civil Engineers and Land Planners
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
Wm. James Jones, P.E.
April 29, 2003
Mr. Michael Horan
401 Wetlands Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Re: Town Center East - Phase 3
Biltmore Park
?J'
Dear Mr. Horan:
Reference is made to our recent telephone conversation concerning the subject
project.
Enclosed, please find our check for $50.00 to be added with the previously
submitted check ($150.00) to cover the Permit Processing Fee.
Please note on the application that this approval is requested under Nationwide
Permit #14 (Road Crossings).
If you have any questions or need additional information, please contact our
office.
WGUjg
'NEU I?/401(#W
APR 3 0 2003
INATERQUALITI/SM
? P.O. Box 546, 1635 Asheville Highway, Hendersonville, NC 28793 Website: www_wgla.com Ph: 828.697-7334 Facsimile: 828-697-7333
? One Town Square Boulevard, Suite 334, Biltmore Park, Asheville, NC 28803 Website: www,wgla.com Ph: 828.687-7177 Facsimile: 828-687-7178
DWQ# C) Triage On-Hold Letter 2.0
$$) Plan Detail Incomplete
Staff Contact pate/r?0; .
? Please provide a location map for the project.
clor(
Please show a I tream impacts including all fill sloes, dissipators, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan,
? Please indicate proposed lot layout as overlays on the site plan.
? ' Please indicate the location of the protected buffers as overlays on the site plan.
Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Ple locate any planned sewer lines on the site plan.
Please provide the location of proposed stormwater management practices as required by GC ?.
Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater ouffalis on the site plan.
? Please Indicate the diffuse flow provision measures on the site plan.
? Please Indicate whether or not the proposed Impacts already been conducted.
Avoidance and/or Minimization Not Provided
U The.a on the plans does not appear to be necessary. Please eliminate the or provide additional Information as to why
It Is necessarv-for this arofect
Please
This Office beNeves that the label on the plans arar can be moved or reconfigured to minimize the Impacts to the Please
revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow. through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse
flow through the entire buffer then. it may be necessary to provide stormwater management practices that remove nutrients before the stormwater
can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland Impact was requested. Please provide $
This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
Q Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation Is required for this project. Please provide a compensatory mitigation plan. The plan must conform .
to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of Impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
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date:B/02
B I L T M 0 R E k Aaan.na PA. job: 02161
c? zay.... A ? el.?.
PARK Po. R? drawn: RF(C sheet
a.aa,?m. Anne wr. xm
°'?-? • Eu®ER ?of1D
UNITED STATES POSTAL
• Sender:
s
rEE ?._
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
¦ Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
III Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Biltmore Farms
Post Office Box 5355
Asheville, NC 28813
03-0518 - Buncombe
Agent
C. Date of Deliver
7-9-6,
D. Is delivery address different from item 1? 0 Yes
if YES, enter delivery address below: ? No
3. S-ige Type
13-Certified Mail 13 E V,ess Map
? Registered URehm Receipt for Merchandis
? insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
kbo ?002 3150 0004 9 315 3414
(Transfer from service
'S Form 3811, August 2001 Domestic Return Receipt 102595-024&15